HomeMy WebLinkAbout2001-02-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, FEBRUARY 14,2001
CALL TO ORDER: Mayor Schreiber called the Regular City Commission meeting to
order at 7:05 P.M. on Wednesday, February 14, 2001, in Chambers, Tamarac, City
Hall, 7525 NW 881h Avenue, Tamarac, Florida.
ROLL CALL: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner
Edward C. Portner, and Commissioner Marc L. Sultanof.
ALSO PRESENT: City Manager Jeffrey L, Miller, City Attorney Mitchell S. Kraft, and
City Clerk Marion Swenson.
PLEDGE OF ALLEGIANCE: Mayor Schreiber called for the pledge of allegiance.
1. SWEARING IN OF DISTRICT 2 COMMISSIONER: City Manager Jeffrey L.
Miller administered the Oath of Office to Gertrude Mishkin, Commissioner for District 2.
Commissioner Portner welcomed Commissioner Mishkin and presented her with
flowers. Mayor Schreiber congratulated Commissioner Mishkin.
2. REPRESENTATIVE STACY RITTER: Representative Ritter wished Mayor and
Mrs. S hreiber a happy anniversary, and gave an update on the upcoming legislative
sessionc and spoke about the unified telecommunication tax, electric deregulation and
the request for a safety barrier at Commercial Boulevard between 4911-50th Avenues.
Representative Ritter said it is a pleasure to represent most of Tamarac. The past four
years have been a wonderful experience, and she informed the Commission that she is
now one of six members of the House who sits on six committees. Representative
Ritter introduced her two children, Matthew and Stephanie Ritter. Mayor Schreiber
asked Representative Ritter for assistance in acquiring the barrier requested by
Tamarac residents between 491h -50th Avenues, and suggested that Representative
Ritter speak to State representatives of the Turnpike Authority to see if the turnpike
program can be completed sooner than anticipated. Mayor Schreiber asked if there is
any way to prevent ENRON, a Houston company, from opening two power plants in
South Florida, and Representative Ritter said State Representatives have no
jurisdiction over that type of power plant. Mayor Schreiber asked to have legislation
sponsored to unmask the cloak of immunity of school districts in the State of Florida.
Commissioner Portner said he hopes the State will not deregulate power, and
questioned whether Florida would follow California's lead. Representative Ritter said
Florida would not deregulate wholesale and retail at the same time.
February 14, 2001
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3. PRESENTATION by Mayor Schreiber of a proclamation supporting the
Department of Elder Affairs' initiative to make Florida Elder Ready. Parks and
Recreation Director Margoles accepted the proclamation and said Tamarac was chosen
by the Department of Elder Affairs to be a pilot project, and through Wednesday, we will
be collecting data about Tamarac and conducting surveys at the Community Center.
Those interested in participating should come to the Community Center.
PUBLIC PARTICIPATION
4. The following people spoke about traffic control and the need for a safety barrier
behind 491h Avenue: Tina Celentano, 4910 NW 56 Street; Barbara Hummel, 5712 NW
48t' Way; Carme Pannone, 4919 NW 58 1h Street; Ruth Charlesworth, 5001 NW 58
Street; Ed Schwartz, 6613 NW 98 1h Way; Dahris Clair, 4911 NW 58' Street; and Alan
Charles, 4908 NW 561h Court. Allen Blumberg spoke about taxes and spending. Mayor
Schreiber said the City does not give tax abatements; rather it provides inducements to
businesses to come into the City. Commissioner Portner said Tamarac residents are
not overtaxed. Burt Schneider, 8016 NW 72 nd Street welcomed Commissioner Mishkin
and spoke about the debris on 70t' Street and the 18% water increase. Utilities Director
Gagnon addressed Mr. Schneider's concerns about water consumption and the 18%
charge. Vice Mayor Roberts suggested calling the County Commission about the
staging area on 70th Street, and asked if Code Enforcement would help. Commissioner
Sultanof said the City sent a letter to the County Commissioner regarding the
construction on McNab Road, and asked that in the future Mr. Schneider call the
Commissioners or the City Manager when he notices anything that needs to be
addressed. In response to the requests to control speeding on Commercial Boulevard,
Mayor Schreiber asked City Manager Miller and Broward Sheriff Chief Goldstein to look
into the speeding problem at 491h Avenue, and also asked City Manager Miller to
investigate eliminating the debris at 70th Street.
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5. City Commission: Vice Mayor Roberts welcomed Commissioner Mishkin and
wished Mayor and Mrs. Schreiber a happy anniversary. Vice Mayor Roberts wished
everyone a happy Valentines Day, and recognized her husband, Mike Roberts, who
was in the audience.
Commissioner Portner wished Mayor and Mrs. Schreiber a happy anniversary.
Commissioner Portner said when he was elected in 1999 it was his great honor to cast
the first vote to extend Larry Mishkin's term as vice mayor, and he takes great pride in
seeing Commissioner Larry Mishkin's work being carried forward. Commissioner
Portner spoke about an article that appeared in the Sun Sentinel, in which Mayor
Schreiber was quoted, regarding Commissioner Gertrude Mishkin's appointment.
Commissioner Portner said there have been several recent instances where a spouse
has taken up the mantle, and none of the Commissioners had vast experience prior to 0
February 14, 2001
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being elected, but have all done a good job. Mayor Schreiber responded that he felt
the most qualified applicant should fill a Commission seat. Commissioner Sultanof said
Commissioner Gertrude Mishkin worked at her husband's side and appeared at
Commission meetings as well as acted as a conduit between Commissioner Larry
Mishkin and the City during his last days. Commissioner Sultanof said it is a privilege
and an honor to serve with Commissioner Gertrude Mishkin and he knows she will do a
good job. Commissioner Sultanof thanked everyone for the good wishes on the
upcoming marriage of his youngest son, and congratulated Mayor and Mrs. Schreiber
on their wedding anniversary.
Commissioner Mishkin said she hoped Larry Mishkin is looking down and sees her
sitting in his chair, and she hopes to do whatever is right and best for the City.
Mayor Schreiber congratulated Mae Schreiber on their 11 Ih wedding anniversary and
wished her a happy Valentines Day. Mayor Schreiber said he was honored to serve as
the principal for a day at Taravella High School, and it was a pleasure to see how the
school works and the interaction between students and staff, and he found out that over
500 students attending Taravella High School live in Tamarac. Mayor Schreiber said
the Community Center is a credit to the City, and participation in the programs is at a
record high. Mayor Schreiber referenced a letter he received from Humberto Alonso,
Jr., of the South Florida Water Management District, congratulating Tamarac for its new
ordinance enforcing water restrictions. Mayor Schreiber reported on a meeting he, Vice
Mayor Roberts and School Board Member Stephanie Kraft attended at Plum Bay/Plum
Harbor, regarding an area that had been cleared for the middle school. Over 100
people were in attendance, and Mayor Schreiber said the City and School Board are
working together to resolve the problems. Mayor Schreiber announced his appointment
to the Broward County Library Board and said he will do his best on Tamarac's behalf.
6. City Afforner. City Attorney Kraft had no report.
7. City Manager: City Manager Miller congratulated Commissioner Mishkin on her
appointment to the District 2 seat, and said the City Manager, City Attorney, and the
rest of the staff are at her disposal. City Manager Miller referenced a letter he received
from the Department of Health regarding Tamarac's Fire Department, congratulating
them on their outstanding service inspection. There were no deficiencies reported
during the visit, and Tamarac is a role model of excellence as an EMS provider in
Florida. City Manager Miller congratulated Assistant Chief Schuldt and the Fire
Department for an outstanding job.
February 14, 2001
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CONSENT AGENDA
8. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval of all
items on the Consent Agenda. On roll call Commissioner Sultanof voted "yes", Vice
Mayor Roberts "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", and
Mayor Schreiber "yes". Motion carried.
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a. APPROVE the minutes of the January 24, 2001 Commission meeting.
APPROVED
b. APPROVE the minutes of the February 5, 2001 Special Commission meeting.
APPROVED
C. INSTALLATION OF A PROTECTIVE BARRIER: (TR9250) Requesting the
State Of Florida Department Of Transportation (FDOT) to install a protective
barrier along the northern boundary of West Commercial Boulevard beginning at
NW 49 Avenue and extending west to NW 50 Avenue; providing for transmittal of
this Resolution to the State of Florida Department of Transportation (FDOT),
Broward County Board of County Commissioners And Broward County
Transportation Planning Division.
RESOLUTION NO. R2001-25
d. SETTLEMENT - SHIRLEY ROSEN: (TR9251) Approving and authorizing the
settlement of all past and future claims by Shirley Rosen in an amount not to
exceed $36,000.00, of which the City of Tamarac's portion would not exceed
$25,000.00; upon receipt of a full release of all claims.
RESOLUTION NO. R2001-26
e. RAINBOW'S END CHARITIES - FIRST ANNUAL SWEETHEART BALL:
(TR9257) Permitting Rainbow's End Charities and/or designee to sell and serve
alcoholic beverages at their First Annual Sweetheart Ball, benefiting the
American Diabetes Association, at the Tamarac Community Center, 8601 West
Commercial Blvd, on February 17, 2001 from 6:00 p.m. through 11:00 p.m.;
providing for proper insurance and Hold Harmless Agreement.
RESOLUTION NO. R2001-27
f. RENEWAL OF THE RENTAL OF UNIFORMS: (TR9259) Approving the renewal
of the rental of uniforms from G & K Services, utilizing the Broward
Governmental Cooperative Purchasing Group Bid #F-3568-TF for a total not to
exceed $26,000.00 annually; approving funding from the appropriate accounts.
RESOLUTION NO. R2001-28
9. BILL OF SALE ABSOLUTE - ACTIVE SENIOR LIVING RESIDENCE: (TR9258)
Accepting a Bill of Sale Absolute from Active Senior Living Residence Inc., for
the Water and Sewage Collection System Improvements for the Active Senior
Residence Project located on the north side of 57 1h Street between NW 91"
Avenue and Pine Island Road for City ownership.
RESOLUTION NO. R2001-29
h. VACATION OF EASEMENT: (TR9253) Granting a Vacation of Easement of a
portion of the perimeter twelve foot (12') utility easement located on the south is
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10 side of McNab Road between Hiatus Road and Nob Hill Road; specifically a
portion of the Platted twelve (12') foot Utility Easement along the south side of
Parcel "A" and a portion of the Platted twelve (12') foot Utility Easement along
the east side of Parcel "A", less the north twelve (12') feet thereof, of the "J & J
Plat", according to the Plat thereof as recorded in Plat Book 152, Page 3 of the
Public Records of Broward County, Florida; Case No. 1-P-01.
RESOLUTION NO. R2001-30
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCE - FIRST READING
9. AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE Vill "RISK
MANAGEMENT PROGRAW% (TO1920) Motion to adopt Ordinance on first readin!a
amending Chapter 2 "Administration", Article Vill "Risk Management Program" of the
City Code of Ordinances to provide for the operation of the Risk Management Program
when the City elects to purchase outside insurance coverage and adjustment services;
providing for codification. City Attorney Kraft read Temporary Ordinance 1920,
Revision #1, on first reading by title. Commissioner Portner seconded by
Commissioner Sultanof moved approval. On roll call, Commissioner Portner voted
yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", Vice Mayor Roberts
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"yes", and Mayor Schreiber "yes". Motion carried.
APPROVED FIRST READING — FEBRUARY 14,2001
ORDINANCE - SECOND READING
10. WATER RESTRICTIONS: (TO1919) Motion to adopt Ordinance on second
readin providing for permanent restriction on landscaping irrigation; providing for
restrictions on restaurants on serving water to customers during periods of declared
water emergencies; providing for local implementation of the water shortage plan of the
South Florida Water Management District; providing definitions; providing for
enforcement and penalties. City Attorney Kraft read Temporary Ordinance 1919,
Revision #2, on second reading by title. Commissioner Sultanof seconded by
Commissioner Portner moved approval. Mayor Schreiber opened the public hearing
and with no one wishing to speak, closed the public hearing. On roll call Commissioner
Sultanof voted "yes", Commissioner Portner "yes", Commissioner Mishkin "yes", Vice
Mayor Roberts "no", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2001-02
UASI-JUDICIAL HEARINGS
11. RE -ZONING TRACTS 3, 4, AND 5 OF SECTION 7: (TO1918) Motion to adopt
Ordinance on second reading amending prior zoning of certain real estate property
February 14, 2001
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from A-1 (Limited Agricultural District) to LI-1 (Light Industrial District); lands commonly
known as A replat of portions of Tracts 3, 4 and 5, all in Section 7, Township 49 South,
Range 41 East of the "Florida Fruit Lands Company Subdivision No. 2" Plat, according
to the Plat thereof as recorded in Plat Book 1, Page 102 of the Public Records of Palm
Beach County, Florida located north of Commercial Boulevard between Hiatus Road
and Nob Hill Road; Case No. 16-Z-00; providing for amendment of the official zoning
map to reflect such change. City Attorney Kraft read Temporary Ordinance 1918,
Revision #1, on second reading by title. Vice Mayor Roberts seconded by
Commissioner Portner moved approval. City Attorney Kraft explained the quasi-judicial
procedures and Sam Butters, owner, waived his quasi-judicial rights. Community
Development Director King gave a presentation. Mayor Schreiber opened the public
hearing and with no one wishing to speak, closed the public hearing. On roll call, Vice
Mayor Roberts voted "yes", Commissioner Portner "yes", Commissioner Sultanof "yes",
Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
ORDINANCE NO. 0-2001-03
12. SPECIAL EXCEPTION - WENDY'S: JR9252) Motion to approve Resolution
granting a Special Exception to allow the operation of a fast-food restaurant with a
drive-thru window in a B-2 (Community Business District) zoning category to Wendy's,
located at the northwest corner of West Commercial Boulevard and Pine Island Road,
specifically a portion of Lots 4-6, Block 9 of the "Lyons Commercial Subdivision Unit No.
2" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 43 of the Public
Records of Broward County, Florida; Case No. 1-Z-01; providing for conditions of
approval. City Attorney Kraft read Temporary Resolution 9252 by title. Vice Mayor
Roberts seconded by Commissioner Sultanof moved approval. City Attorney Kraft
explained the quasi-judicial procedures and David Felton waived his quasi-judicial rights
on behalf of NYCH Partners, Ltd. Community Development Director King gave a
presentation. Mayor Schreiber asked where the restaurant would be located and
Community Development Director King responded. Commissioner Sultanof expressed
concern about the access to Wendy's off Commercial Boulevard, and Community
Development Director King said there would be a shared entrance and internal roadway
with other properties. Commissioner Portner expressed his desire to see more formal
types of restaurants in Tamarac. Mayor Schreiber opened the public hearing. Burt
Schneider, 8016 NW 72 Street objected to Wendy's at that location because of excess
traffic. With no one else wishing to speak, Mayor Schreiber closed the public hearing.
Vice Mayor Roberts questioned the extent of the special exception and Community
Development Director King said it was for the fast food restaurant and the drive
through. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes",
Commissioner Portner "no", Commissioner Mishkin "yes", and Mayor Schreiber "yes".
Motion carried.
RESOLUTION NO. R2001-31
13. ' PLAT APPROVAL - WESTLAND PLAT: (TR9254) Motion to approve
Resolution issuing Development Order No. 319 and granting Plat approval for the
"Westland Plat" requested by Intertwo, Inc., Owner, located on the southwest corner of
February 14, 2001
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University Drive and NW 61 Street; specifically a replat of a portion of Tract 9 of the
11 Fort Lauderdale Truck Farms" Plat, according to the Plat thereof, as recorded in Plat
Book 4, Page 31 of the Public Records of Broward County, Florida, together with a
replat of Parcel "A" of the "Curtis Field" Plat, according to the Plat thereof as recorded
in Plat Book 130, Page 41 of the Public Records of Broward County, Florida; Case No.
2-P-01; providing for conditions of approval. City Attorney Kraft read Temporary
Resolution 9254, Revision #1, by title. Commissioner Sultanof seconded by Vice Mayor
Roberts moved approval. City Attorney Kraft explained the quasi-judicial procedures
and Michael Rose of Shah, Drotos and Associates waived his quasi-judicial rights.
Community Development Director King gave a presentation. Mayor Schreiber opened
the public hearing and with no one wishing to speak closed the public hearing. On roll
call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner
Portner "yes", Commissioner Mishkin "yes", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-32
14, SPECIAL EXCEPTION - QUIZNO'S RESTAURANT: JR9265) Motion to
approve Resolution granting a Special Exception to allow the operation of a
restaurant/retail food take-out in a B-1 (Neighborhood Business District) zoning
category to the Tamarac Retail Center, Quizno's Restaurant, located at 2550 West
Commercial Boulevard; specifically Lot 1, Block 26 of "Tamarac Lakes South" Plat,
according to the Plat thereof as recorded in Plat Book 62, Page 24 of the Public
Records of Broward County, Florida; Case No. 3-Z-01; providing for conditions of
approval. City Attorney Kraft read Temporary Resolution 9265 by title. Vice Mayor
Roberts seconded by Commissioner Sultanof moved approval. City Attorney Kraft
explained the quasi-judicial procedure and Martin Heise, owner, waived his quasi-
judicial rights. Community Development Director King gave a presentation.
Commissioner Sultanof asked if Quizno's would ask for a liquor or wine license and Mr.
Heise said he would not. Mayor Schreiber opened the public hearing and with no one
wishing to speak, closed the public hearing. On roll call Vice Mayor Roberts voted
L9 yes", Commissioner Sultanof "yes", Commissioner Mishkin "yes", Commissioner
Portner "no", and Mayor Schreiber "yes". Motion carried.
RESOLUTION NO. R2001-33
END OF QUASI-JUDICIAL HEARINGS
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the Regular City Commission meeting at 8:30 p.m.
(/JOE SCHREIBER, MAYOR
CITY OF TADIAWIC
SON, CIVIC APPROVED AT WIEETING OF
CITY.,q�ERK
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February 14, 2001
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